One of the biggest difficulties is figuring out who gets to participate — who’s in the room when these deals are negotiated. And it’s just not at all clear what the process is going to look like for renegotiating guidelines.
We’ve clearly reached a point where we need to expand the notion of who gets to be a stakeholder. There’s this sort of rigid hierarchy where states get to be at the table and states then get to sometimes be represented by — or inclusive of — their big water users. But who is the person at the table representing air quality and poor people in Imperial Valley? Or who gets to be at the table representing tribes, especially tribes that have a lot of water rights, have a lot of legal and moral entitlement, but don’t have a lot of financial capacity for participation?
I don’t know the answer to this, but this is something I’ve been thinking about a lot. We don’t really know what the process is going to look like.
I said other things as well, including some stuff about what Eric Kuhn and I are working on right now – in the new book and beyond it, thinking about the way our misuse of scientist left huge unresolved issues in the fabric of the Law of the River.